Michigan Court of Appeals; Docket No. 155418; Published
Judges White, Michael Kelly, and Caprathe; Unanimous; Per Curiam
Official Michigan Reporter Citation: 206 Mich App 274; Link to Opinion 
STATUTORY INDEXING:
Coordination with Other Health and Accident Medical Insurance [§3109a]
TOPICAL INDEXING:
Reformation of Insurance Contracts
CASE SUMMARY:
In this unanimous published per curiam Opinion, the Court of Appeals reversed summary disposition in favor of defendant Auto Club on the basis that a material factual dispute existed regarding plaintiffs claim that defendant mistakenly issued a coordinated benefits policy to plaintiff when in fact, an uncoordinated no-fault policy should have been issued.
The fact situation involved in this case arose out of a family owned business with multiple vehicles. The plaintiff-owner of the business allegedly had an agreement with defendant's sales agent that all business vehicles would have uncoordinated medical coverage and all pleasure use vehicles would have coordinated coverage. In this particular case, plaintiff’s wife, an employee of the business, was injured in an accident while driving a vehicle that only had coordinated medical coverage. Plaintiff argued that the vehicle was a business vehicle that should have had full, uncoordinated coverage. The court found that summary disposition was not proper because two questions of material fact existed: (1) whether plaintiff and defendant affirmatively agreed prior to the accident that henceforth all business vehicles would receive full medical coverage; and (2) whether the vehicle involved in the accident was properly insured in accordance with the agreement.
The court also ruled that failure to read an insurance policy does not preclude reformation of that policy, where the policy was intended to provide one form of coverage, but through a mutual mistake, a different form of coverage was provided in its stead.
